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Tenants’ rights: what you need to know

Last updated May 9, 2022
Reading time: 1 min
RelatedEviction

Are you thinking of moving because of a rent increase, health problem or major renovations? Once again, affordable housing is hard to find this year. Before you end your lease, make sure you know and understand your rights.

Support with a major problem

Problems finding housing

Having trouble finding a new home? If you have a low income, the Office municipal d’habitation de Montréal (OMHM) can help you in your search. Call 311 to see if you are eligible for these services.

Dealing with your landlord

Having trouble defending your rights as a tenant? These organizations can help you understand your options, and can support you in your efforts:

Front d’action populaire en réaménagement urbain: 514-522-1010

Regroupement des comités logement et associations de locataires du Québec: 514-521-7114

Need help?

Are you facing major difficulties and do not know where to turn? The 211 Greater Montréal team can guide you to the right resources: food, clothing, mental health, employment, immigration, homelessness, etc. Call 211. This service is offered in over 200 languages.

Are you looking for housing?
The Office municipal d’habitation de Montréal (OMHM) offers a search tool that presents the units available on the most popular platforms, by number of rooms and by rent amount.

Your rights as a tenant

If you are considering moving because of an unreasonable rent increase, you should know that you are under no obligation to accept it and that you have the right to remain in your home. If it is a sanitation issue, the city can help. 

Learn more in the section below.

Rent increase

Did you get a notice for a rent increase? You have 1 month to respond in writing. If you refuse the increase, your landlord can either try to negotiate with you, or ask the Tribunal administratif du logement to set the rent. In that case, the current rent will be maintained until the Tribunal renders its decisions and you have the right to remain in your home if you have clearly stated this to your landlord. 

For more information:

Tribunal administratif du logement

Éducaloi

Contact your housing committee for assistance.

Repossession of an apartment

You have received a notice of repossession of your apartment? This is possible if your landlord wishes to occupy it or to have it occupied by a member of their immediate family. You are under no obligation to accept. Should you refuse to leave your home, your landlord may appeal your decision to the Tribunal administratif du logement, but they will have to prove that the repossession respects the rules. Should you lose your case, you may still be entitled to compensation and accommodations.

For more information:

Tribunal administratif du logement

Éducaloi

Contact your housing committee for assistance.

Eviction

Have you received an eviction notice to subdivide, enlarge or change the destination of your dwelling? You may contest the justification for this eviction. To do so, you must file an application directly with the Tribunal administratif du logement in the month following the receipt of your notice. If the Tribunal deems the eviction justified, you are entitled to compensation equivalent to 3 months’ rent and reasonable moving costs.

For more information:

Tribunal administratif du logement

Éducaloi

Contact your housing committee for assistance.

Evacuation for major work

Is your landlord asking you to temporarily leave your dwelling in order to carry out work? If you are asked to vacate the premises for more than 1 week, notice must be sent to you at least 3 months prior. If you are asked to vacate the premises for less than a week, notice must be sent 10 days prior. Regardless of the duration of the evacuation, you are entitled to compensation. Once the work is completed, you have the right to return to your home in good condition and under the same conditions. 

For more information:

Tribunal administratif du logement

Éducaloi

Contact your housing committee for assistance.

Discrimination

Are you being refused a lease because of your social status, because you have children, or for any other discriminatory reason? The only reason a landlord can invoke for refusing a potential tenant, is if that person is deemed unable to pay the rent, and the landlord must be able to prove it. If you feel you may have been discriminated against, you can file a complaint with the Commission des droits de la personne et de la jeunesse.

For more information:

Commission des droits de la personne et de la jeunesse

Éducaloi

Contact your housing committee for assistance.

Sanitation problems

Are you having sanitation issues with your dwelling, such as vermin, bedbugs or mould? Ask your landlord to address the issue immediately. If the situation is not resolved within a reasonable timeframe, call your borough at 311. The City has the authority to intervene to ensure decent living conditions. 

For more information about the city’s role with respect to the Dwelling inspection, corrective action and evacuation.

Your problem persists? Report it to us.

Contact your housing committee for assistance.

A word of advice
Make sure you always keep dated and signed proof of your discussions with your landlord.

Quick search

  • Moving
  • Homes and Housing

Further reading

  • Moving: Available Help and Resources
  • Tips for a successful and eco-friendly move

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